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Grading Patent Remedies: Dependent Claims And Relative Infringement, Daniel Harris Brean
Grading Patent Remedies: Dependent Claims And Relative Infringement, Daniel Harris Brean
Daniel Harris Brean
Patents define an inventor’s exclusive rights by reciting essential aspects of the invention in sentences called claims. The claims are drafted in varying degrees of technical specificity, such that each claim is legally distinct—some may be valid or infringed while others are not. Most commonly, this variation is accomplished by using a combination of “independent” and “dependent” claims. Independent claims stand alone, while dependent claims incorporate by reference all the features recited in the independent claims but go on to add further features or details. The result is a range of potential infringing activity that triggers liability, from the broadest, most conceptual claims …